Supporting Statement 12-11-13

SUPPORTING STATEMENT FOR

Affidavit of Support

OMB Control No.: 1615-0014

Form I-134

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

Section 212(a)(4) of the Immigration and Nationality Act (INA) provides that an alien who is a visa applicant, applicant for admission, or an applicant for adjustment of status to permanent residence, is excludable if a consular or immigration officer determines that the alien is likely to become a public charge. This information collection is necessary to determine if at the time of application into the United States, the applicant is likely to become a public charge.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

U.S. Citizenship and Immigration Services (USCIS) and consular officers of the Department of State use this form to determine whether an applicant for a visa, adjustment of status, or entry to the United States may possibly be excludable on the ground that he or she is likely to become a public charge.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

The use of this information collection currently provides the most efficient means for collecting and processing the required data. This form resides on the USCIS Web site and can be completed electronically but cannot be e-filed.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

A search of USCIS’ automated forms tracking system was accomplished and revealed no duplication. There is no similar data collected.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.

This collection of information does not have an impact on small businesses or other small entities.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

If the information is not collected, USCIS would not be able to determine whether the person (sponsor) who is promising to support an alien after his or her entry to the United States, can adequately support the alien.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

• Requiring respondents to report information to the agency more often than quarterly;

• Requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

• Requiring respondents to submit more than an original and two copies of any document;

• Requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

• In connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

• Requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

• That includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

• Requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

There are no special circumstances applicable to this information collection.

8. If applicable, provide a copy and identify the data and page number of publication in the Federal Register of the agency’s notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

On July 23, 2013, USCIS published a 60-day notice in the Federal Register at 78 FR 44141. USCIS received one public comment submission in response to that notice.

On July 28, 2013, Jean Public submitted a comment regarding the enforcement of the use of the form once submitted by an affiant. USCIS appreciates the comment and strives to serve the public with integrity. However, the comment did not address any of the specified points below relevant to the Form I-134 information collection; therefore, no specific response from the agency was necessary:

(1) Evaluate whether the proposed collection of information is necessary for

the proper performance of the functions of the agency, including whether the information will have practical utility;

(2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to be collected; and

(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

On December 9, 2013, USCIS published a 30-day notice in the Federal Register at 78 FR 73874. USCIS received one public comment submission to date.

On December 8, 2013, Jean Public submitted a comment regarding the enforcement of the use of the form once submitted by an affiant. USCIS appreciates the comment and strives to serve the public with integrity. However, the comment did not address any of the specified points referenced above relevant to the Form I-134 information collection; therefore, no specific response from the agency was necessary.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

USCIS does not provide any payment for benefit sought.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation or agency policy.

There is no assurance of confidentiality. The privacy impact assessment for this information collection is covered by the Case and Activity Management for International Operations (CAMINO) currently under agency clearance and anticipated for publication by early January, 2014. The system of record for this information collection DHS/USCIS/ICE/CBP-001 - Alien File, Index, and National File Tracking System of Records June 13, 2011, 76 FR 34233; DHS/USCIS-007 - Benefits Information System September 29, 2008 73 FR 56596.

The information requested on this benefit request, and the associated evidence, is collected under the INA. The primary purpose for providing the requested information on this benefit request is to determine whether the sponsor has adequate financial means to support the applicant for whom parole is requested on Application for Travel Document, Form I-131, in order to establish the applicant’s eligibility for the immigration benefit for which he or she is filing. The information the sponsor provides will be used to grant or deny the benefit sought by the applicant. The information the sponsor provides is voluntary. However, failure to provide the requested information, and any evidence, may delay a final decision or result in denial of the applicant’s benefit request. The information the sponsor provides on this benefit request may be shared with other Federal, State, local, and foreign government agencies and authorized organizations following approved routine uses described in the associated published system of record notice, DHS-USCIS-001 and DHS/USCIS-007, available at www.dhs.gov/privacy. The information may also be made available, as appropriate, for law enforcement purposes or in the interest of national security.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

This information collection contains questions that are of a sensitive nature. Respondents must provide information and records on personal income and financial resources. This information is necessary to establish that the sponsor of an alien has sufficient income or financial resources to assure that the sponsored alien will not become a public charge while in the United States.

12. Provide estimates of the hour burden of the collection of information. The statement should:

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

• If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14.

Type of Respondent	Form Name / Form Number	No. of Respondents	No. of Responses per Respondent	Avg. Burden per Response (in hours)	Total Annual Burden (in hours)	Avg. Hourly Wage Rate*	Total Annual Respondent Cost
Individuals and Households	Affidavit of Support, Form I-134	18,460	1	1.5 (90 min.)	27,690	$30.81	$853,120
Total		18,460		1.5	27,690		$853,129

*  The above Average Hourly Wage Rate is derived from the May 2012 Bureau of Labor Statistics Mean Hourly Wage for “All Occupations”.  The wage rate of $30.81 is calculated from the base average wage rate of $22.01 times the wage rate benefit multiplier of 1.4.  The selection of “All Occupations” represent the possibility that a respondents can be employed in any type of work; the collection is not targeting any specific category of employment.

13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).

• The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life); and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

• Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995; (2) to achieve regulatory compliance with requirements not associated with the information collection; (3) for reasons other than to provide information or keep records for the government; or, (4) as part of customary and usual business or private practices.

There are no capital or start-up costs associated with this information collection. Any cost burden to respondents as a result of this information collection are identified in Item 14. There is no fee charge associated with this information collection.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

Annualized Cost Analysis:

1. Printing Cost $ 2,725

2. Collection and Processing Cost $ 1,104,875

3. Total Annual Cost to Government $ 1,107,600

Government Cost

The estimated cost to the Government is $ 1,107,600. This figure is calculated by multiplying the estimated number of respondents (18,460) x (1) number of responses x (1.5 hours) 90 minutes per response (time required to collect and process information) x ($40) suggested average hourly rate for clerical, officer, and managerial time with benefits plus the estimated cost of printing, stocking, distributing and processing this form.

15. Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the OMB Form 83-I.

Data collection Activity/ Instrument	Program Change (hours currently on OMB Inventory)	Program Change (New)	Difference	Adjustment (hours currently on OMB Inventory)	Adjustment (New)	Difference
I-134				66,000	27,690	-38,310
Total(s)				66,000	27,690	-38,310

There has been a decrease of 47,540 from 66,000 to 18,460 in the estimated total annual burden hours previously reported for this collection of information. The decrease can be attributed to the decrease in the estimated number of respondents from 44,000 to 18,460.

The reason for the decrease in the number of respondents is mainly based on the application deadline for the last legalization settlement, Northwest Immigrant Right Project, having been in the second quarter of FY10 and the resulting sharp decline in receipts for Application for Status as a Temporary Resident Under Section 245A of the INA (Form I-687) which may require an Affidavit of Supporting (Form I-134) be filed conjunctively. After this deadline, USCIS has only accepted Form I-687 which may require Form I-134 by federal court order.  In this information collection request, USCIS is also updating agency estimates using a more current estimation methodology and data. There is no change in the information being collected.

Data collection Activity/Instru-ment	Program Change (cost currently on OMB Inventory)	Program Change (New)	Difference	Adjustment (cost currently on OMB Inventory)	Adjustment (New)	Difference
I-134				0	0	0
Total(s)				0	0	0

There is no change in the estimated public cost burden previously reported for this information collection.

16. For collections of information whose results will be published, outline plans for tabulation, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

This information collection will not be published for statistical purposes.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

USCIS will display the expiration date for OMB approval of this information collection.

18. Explain each exception to the certification statement identified in Item 19, “Certification for Paperwork Reduction Act Submission,” of OMB 83-I.

USCIS does not request an exception to the certification of this information collection.

B. Collections of Information Employing Statistical Methods.

There is no statistical methodology involved with this collection.

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